Armstrong 1: Correspondence

CONTOS 8c BUNCH

LAWYERS

September 1, 1983

John G. Peterson, Esq.
TRABISH & PETERSON
4676 Admiralty Way, Ste. 902
Marina del Rey CA 90291

V

HOWARD STECHEL, ESQ.

6255 Sunset Blvd., Ste. 2000
Los Angeles, CA 90028

5055 TOPANGA CANYON BOULEVARD
SUITE 400

WOODLAND HILLS. CALIFORNIA 91367
(213) 716-9AOO

MANUFACTURERS BANK BUILDING
1201 DOVE STREET
PENTHOUSE

NEWPORT BEACH. CALIFORNIA 92660
(71A) 752-0468

reply to: Woodland Hills

Michael Magnuson, Esq.

LAW OFFICES OF BARRETT S. LITT
617 So. Olive Street, Ste. 1000
Los Angeles, CA 90014

Re: Church of Scientology of California

vs. Armstrong
Case No. C 420 153

r

Dear Counsel:

I recently received a telephone call from Mr. Magnuson regarding
the code provision under which the deposition of L. Ron Hubbard
has been noticed., The purpose of this letter is to advise all
counsel that the deposition has been noticed pursuant to California
Code of Civil Procedure, Section 2019(a)(4).

Section 2019(a)(4) provides, in pertinent part, that when taking
a deposition of a person "for whose immediate benefit an action
or proceeding is prosecuted" (emphasis added), service of a sub-
pena upon the person is not required if proper notice is given
to the "attorney of the party prosecuting or defending the action
or proceeding for the immediate benefit of the deponent."

It is our position that all counsel representing the Church of
Scientology of California and counsel representing Mary Sue Hubbard
are prosecuting the above-referenced action for the "immediate
benefit" of L. Ron Hubbard. There is no question that litigation
of this matter by your clients will inure to the immediate
benefit of Mr. Hubbard, should your clients prevail. In that
regard, Section. 2019(a)(4) is applicable, and it is sufficient

John ~G. Peterson, Esq.

Howard Stechel, Esq.

Michael Magnuson, Esq.

Church of Scientology vs. Armstrong '

Page Two

that notice has been served on all counsel for the Church of
Scientology of California and Mary Sue Hubbard. We expect that
you will produce Mr. Hubbard for the deposition.

I want it to be clearly understood that it is not my intention to
have you appear unnecessarily for the deposition scheduled for September 20,
1983, should Mr. Hubbard not be produced. Thus, if you do not intend
to produce Mr. Hubbard, please advise me of the same in writing prior
to September 20, 1983.

OD: pr

cc: Gerald Armstrong

Very truly yours,
CONTOS & BUNCH

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